South Australian Current Regulations

ENVIRONMENT PROTECTION REGULATIONS 2023 - REG 29

29—Determining pollutant load-based component

        (1)         The pollutant load-based component is comprised of a separate amount payable for each assessable site specified in the licence.

        (2)         The amount payable for an assessable site is the sum of—

            (a)         the fee units for each designated air pollutant emitted to air from the site in the course of a prescribed activity of environmental significance during the designated reporting period determined in accordance with subregulation (3); and

            (b)         the fee units for each designated water pollutant—

                  (i)         in the case of a designated water pollutant discharged to waters (including underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of a desalination plant during the designated reporting period—determined in accordance with subregulation (4); or

                  (ii)         in the case of a designated water pollutant discharged to waters (other than underground waters) from the site (whether directly or indirectly through pipes or channels) in the course of any other prescribed activity of environmental significance during the designated reporting period—determined in accordance with subregulation (5).

        (3)         The number of fee units for a designated air pollutant is to be determined in accordance with the following formula:

where—

"DAP" is the number of fee units for the designated air pollutant

"T" is the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant emitted to air during the reporting period, assessed—

            (a)         in accordance with an approved estimation or monitoring technique for the activity that resulted in the emission; or

            (b)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities

"N" is the number of fee units for the pollutant specified in Table 1

"Z" is the zone weighting determined in accordance with Table 1 by reference to the pollutant and the location of the assessable site from which the pollutant is emitted (and if the site is located in 2 areas listed in the table, the higher zone weighting applies).

Table 1—Fee units and zone weightings for designated air pollutants

Pollutant	Fee units	Location of assessable site	Zone weighting
sulphur dioxide	1	All areas	1
nitrogen oxides	1	Adelaide airshed	2
		Other areas	1
particulates	10	Mount Gambier airshed	2
		In the case of red dust particulates—Whyalla airshed	4
		Other areas	1
volatile organic compounds	10	Adelaide airshed	1.5
		Areas outside the Adelaide airshed that are within a council area	1
		Other areas	0.5
lead	100	Port Pirie airshed	15
		Other areas	1

        (4)         The number of fee units for a designated water pollutant discharged to waters in the course of a desalination plant is to be determined in accordance with the following formula:

where—

"DWP" is the number of fee units for the designated water pollutant

"T" is—

            (a)         in the case of a designated water pollutant other than heat—

                  (i)         the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant discharged to waters during the reporting period; or

                  (ii)         if the licensee satisfies the Authority that the pollutant has been discharged back into the same waters from which it was taken—the weight (in tonnes rounded to the nearest 0.1 tonne) of the pollutant so discharged during the reporting period (calculated by subtracting the background concentration of the pollutant in the receiving waters from the concentration of the pollutant in the wastewater conveying the pollutant, in each case measured in grams per L, and multiplying that result by the total number of megalitres of the wastewater discharged to the waters during the reporting period); or

            (b)         in the case of heat—the number of megawatts (rounded to the nearest megawatt) of the heat discharged to waters during the reporting period,

assessed—

            (c)         in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or

            (d)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities

"N" is the number of fee units for the pollutant specified in Table 2

"Z" is the zone weighting determined in accordance with Table 2 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).

Table 2—Fee units and zone weightings for designated water pollutants—desalination plants

Pollutant	Fee units	Location of waters	Zone weighting
salt	0.00177	Marine environment	1
		All other waters of the State	50
heat	1	All waters of the State	1
suspended solids	10	Metropolitan coastal waters	2
		All other waters of the State	1
nitrogen	10	Port River region or Metropolitan coastal waters	3
		All other waters of the State	1
phosphorus	10	Port River region	2
		All other waters of the State	1
organic matter	10	Lake Bonney (South East)	2
		All other waters of the State	1
zinc	10	Upper Spencer Gulf	2
		All other waters of the State	1
copper, lead	100	Upper Spencer Gulf	2
		All other waters of the State	1

        (5)         The number of fee units for a designated water pollutant (other than when discharged to waters in the course of a desalination plant) is to be determined in accordance with the following formula:

where—

"DWP" is the number of fee units for the designated water pollutant

"T" is—

            (a)         the weight (in tonnes rounded to the nearest 0.1 tonne); or

            (b)         in the case of heat—the number of megawatts (rounded to the nearest megawatt),

of the pollutant discharged to waters during the reporting period, assessed—

            (c)         in accordance with an approved estimation or monitoring technique for the activity resulting in the discharge; or

            (d)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—on the basis of the Authority's own estimates and reasonable assumptions as to the nature and level of the licensee's activities

"N" is the number of fee units for the pollutant specified in Table 3

"Z" is the zone weighting determined in accordance with Table 3 by reference to the pollutant and the location of the waters into which the pollutant is discharged (and if the pollutant is discharged into 2 areas listed in the table, the higher zone weighting applies).

Table 3—Fee units and zone weightings for designated water pollutants—activities other than desalination plants

Pollutant	Fee units	Location of waters	Zone weighting
heat	1	All waters of the State	1
suspended solids	10	Metropolitan coastal waters	2
		All other waters of the State	1
nitrogen	10	Port River region or Metropolitan coastal waters	3
		All other waters of the State	1
phosphorus	10	Port River region	2
		All other waters of the State	1
organic matter	10	Lake Bonney (South East)	2
		All other waters of the State	1
zinc	10	Upper Spencer Gulf	2
		All other waters of the State	1
copper, lead	100	Upper Spencer Gulf	2
		All other waters of the State	1

        (6)         If the pollutant threshold is taken to be exceeded under regulation 27(4)(b) or regulation 27(4)(c), the pollutant load-based component is subject to any necessary adjustment under regulation 31 after the end of the licence period.

        (7)         In this regulation—

"designated reporting period" means—

            (a)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(a)—the reporting period immediately preceding the current licence period; or

            (b)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(b)—the reporting period immediately preceding the reporting period referred to in paragraph (a); or

            (c)         if the pollutant threshold is taken to be exceeded under regulation 27(4)(c)—a hypothetical reporting period of 12 months.

        (8)         For the purposes of subregulation (4), a designated water pollutant will be taken to have been discharged back into the same waters from which it was taken if the pollutant was—

            (a)         taken from the marine environment and discharged back into the marine environment; or

            (b)         taken from an aquifer and discharged back into the same aquifer; or

            (c)         taken from a watercourse and discharged back into the same watercourse; or

            (d)         taken from some other body of waters and discharged back into the same body of waters.